Construction Program Guide

Design-Build Project Delivery

On December 10, 2002 in response to section 1307 of TEA-21, FHWA published the final rule which established regulations for design-build contracting as 23 CFR Part 636. Subsequent modifications required by section 1503 of SAFETEA-LU resulted in revisions published in a final rulemaking on August 14, 2007. Among the revisions made by SAFETEA-LU were the elimination of the dollar thresholds for "qualified" projects; and permission to release an RFP or award a design-build contract prior to completion of NEPA. Design-build procurement processes which deviate from the requirements of 23 CFR 636 may require an SEP-14 work plan and approval. The February 12, 2014 Final Rule revised FHWA's Design-Build regulations at 23 CFR 636.209 relating to the use of Alternate Technical Concepts (ATCs); the Final Rule eliminates the requirement to submit a base proposal when a contracting agency allows design-build proposers to submit ATCs in their technical and price proposals.

Authority/Legal Basis

Laws

Regulations

Title 23 C.F.R. Part 636 provides the FHWAs regulatory policy for the design-build project delivery method. However, it should be noted that there were also revisions made to the FHWAs regulations in other program areas to address design-build. Specifically see the regulatory revisions in the December 10, 2002 final rule making.